Veterans’ Affairs Legislation Amendment Act 1988
No. 134 of 1988
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
3. Application
PART II—AMENDMENTS OF VETERANS’ ENTITLEMENTS ACT 1986
4. Principal Act
5. Interpretation
6. Interpretation
7. Eligibility for pension
8. Claim for pension
9. Application for increase in pension
10. Repeal of section 19 and insertion of new sections:
19. Determination of claims and applications
19a. Refusal to undergo medical examination etc. may delay consideration of claim or application
11. Date of operation of grant of claim for pension
12. Date of operation of grant of application under section 15
13. Repeal of section 22 and insertion of new sections:
21a. Determination of degree of incapacity
22. General rate of pension and extreme disablement adjustment
14. Intermediate rate of pension
15. Special rate of pension
16. Increased rates of pension in certain cases
17. Treatment of certain income
18. Eligibility for carer’s service pension
19. Restrictions on dual pensions
20. Rate of veteran’s service pension
21. Veterans eligible to be provided with treatment
22. Knowingly making false statements relating to treatment
23. Clothing allowance
TABLE OF PROVISIONS—continued
Section
24. Attendant allowance
25. Recreation transport allowance
26. Insertion of new section:
132a. Advance of travelling expenses
27. Decision of Board
28. Variation of rates of certain pensions
29. Commission may administer trusts
30. Trustees for pensioners
31. Insertion of new sections:
202a. Commission or public servant acting as trustee
202b. Other person acting as trustee
32. Recovery of overpayments
33. Insertion of new section:
205aa. Recovery of overpayment by deduction from other pension, benefit or allowance
34. Insertion of new section:
205b. Certain decisions of Commission reviewable under Social Security Act etc.
35. Repeal of section 210
36. Amendments to correct references to provisions of the Social Security Act 1947 as re-numbered
PART III—AMENDMENTS OF SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
37. Principal Act
38. Interpretation
39. Determinations and assessments by Commission
40. Insertion of new section:
17c. Eligibility for pension after re-marriage or marriage
41. Rates of pension on death or total incapacity
42. Allowance for attendant
43. Claim for pension
44. Application for increase in pension
45. Insertion of new section:
26ac. Determination of claims and applications
46. Recovery of overpayments
47. Insertion of new section:
55aa. Recovery of overpayment by deduction from other pension, benefit or allowance
48. Insertion of new section:
55d. Certain decisions of Commission reviewable under Social Security Act etc.
49. Repeal of section 58ab
50. Schedule 2—Attendant allowance
PART IV—AMENDMENTS OF…
Overview
The Veterans’ Affairs Legislation Amendment Act 1988No. 134 of 1988 was enacted to address gaps and issues within the Veterans’ Entitlements Act 1986 and the Seamen’s War Pensions and Allowances Act 1940. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. It primarily aimed to streamline and update the pension and benefit systems for veterans and their dependants, ensuring that the processes were fair, efficient, and reflective of current circumstances. The Act introduced various amendments to these principal Acts, including changes to eligibility criteria, rates of pension, and processes for determining and recovering payments.
Scope and Application
The Veterans’ Affairs Legislation Amendment Act 1988 is a Commonwealth Act that amends the Veterans' Entitlements Act 1986, Seamen's War Pensions and Allowances Act 1940, and Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986. This Act applies to veterans and their dependants who are eligible for pensions and other benefits under the mentioned Acts. It primarily affects those who have sustained war-related injuries or diseases and their families, aiming to update and refine the legislative framework governing veterans' affairs and entitlements. The Act introduces amendments to pension rates, eligibility criteria, and the process for making claims and applications. It also addresses the recovery of overpayments and the administration of trusts. The amendments apply to determinations, claims, and applications made on or after the Royal Assent date of the Act, with certain provisions having different commencement dates as specified within the Act. The Act does not explicitly state any exclusions or thresholds, but its provisions are designed to target specific aspects of veterans' entitlements, thereby indirectly excluding unrelated matters.
Key Provisions
- The Veterans' Affairs Legislation Amendment Act 1988 introduces a series of amendments to the Veterans' Entitlements Act 1986 and the Seamen's War Pensions and Allowances Act 1940. Key provisions include adjustments to pension eligibility, claim procedures, and the determination of pension rates. For instance, Section 7 of the Veterans' Entitlements Act 1986 is amended to restrict pension payments to dependants who remarry or marry after the veteran's death, unless a decision to grant the pension was made before the remarriage or marriage. Section 14 of the same Act is amended to prohibit veterans from making multiple claims for the same injury or disease until the initial claim is finally determined. Additionally, Section 19 is repealed and replaced to clarify the process for determining claims and applications for pensions, including provisions for deferring consideration of claims where claimants refuse to undergo necessary medical examinations.
- Obligations imposed by the Act include the requirement for the Commission to consider all relevant matters when determining a claim or application for a pension, as detailed in the new Section 19. The Act also mandates that the Commission cannot approve payment of a pension or increased pension before the individual becomes eligible, as outlined in Sections 20 and 21. Furthermore, the Act stipulates that the degree of incapacity for a veteran must be determined according to the approved Guide to the Assessment of Rates of Veterans' Pensions, as per Section 21a.
- Breaches of the Act may result in civil or criminal consequences. For example, knowingly making false statements relating to treatment can lead to legal penalties. Additionally, Sections 205 and 55a address the recovery of overpayments, allowing for deductions from new pensions or benefits or recovery through court proceedings. These sections outline the process for determining recoverable amounts and the circumstances under which payments become unauthorised, including when decisions are set aside or varied.
- In summary, the Veterans' Affairs Legislation Amendment Act 1988 establishes clear guidelines for pension claims and determinations, imposes specific obligations on the Commission, and sets out penalties for non-compliance, ensuring that the administration of veterans' benefits is conducted fairly and efficiently.
- Area of Law
- Veterans’ Affairs
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Recovery of Overpayments
- Civil Penalty Provisions
- Prohibited Conduct
